Philosophy of Law
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John Finnis (University of Oxford – Faculty of Law) has posted Grounds of Law and Legal Theory: A Response (Legal Theory, Vol. 13, pp. 315-344, 2008) on SSRN. Here is the abstract: Linking theses of Plato, Wittgenstein and Weber, section I argues that identification of central cases and settling of focal meanings depend upon the…
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James Allan (The University of Queensland – T.C. Beirne School of Law) has posted Jeremy Waldron and the Philosopher’s Stone* (San Diego Law Review, Forthcoming) on SSRN. Here is the abstract: The author considers Jeremy Waldron’s argument in favour of referring to, and on occasion perhaps even deferring to, foreign law. Waldron rests his argument…
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Brian Bix (University of Minnesota Law School) has posted "Legal Philosophy in America" (THE OXFORD HANDBOOK OF AMERICAN PHILOSOPHY, Cheryl Misak, ed., Forthcoming) on SSRN. Here is the abstract: This article, written for the forthcoming "Oxford Handbook of American Philosophy," offers an overview of the most important American contributions to legal philosophy – American legal…
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Introduction I am back at the Auditorium Maximum for the morning “Special Session” with Eugenio Bulygin & Manuel Atienza on “The Future of Legal Positivism.” After attending Fred Schauer’s lecture yesterday morning, I went to various other sections, including an excellent exchange between Dennis Patterson (Rutgers, Camden-Law & New Brunswick-Philosophy) and John Mikhail (Georgetown-Law) on…
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Introduction I am blogging from the 23rd IVR World Congress of Philosophy of Law & Social Philosophy in Krakow Poland. "IVR" or "the World Congress" is really the only regular international gathering of legal philosophers–although as you might guess from the name of the conference, there is "social philosophy"–or what I might call "applied political…
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Interesting post by Jeff Lipshaw, Lawyer’s Intuitions, Algorithms, and the Goldenlocks Mean. Check it out!
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Dennis M. Patterson’s paper, Dworkin on the Semantics of Legal and Political Concepts, is available on the web. Here is the abstract: In a recent comment on H.L.A. Hart’s ‘Postscript’ to The Concept of Law, Ronald Dworkin claims that the meaning of legal and political concepts may be understood by analogy to the meaning of…
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I posted recently on Scott Soames’s marvelously compact essay on "Analytic Philosophy in America." My post quoted from his description of the revival of normative ethics, but I had nothing to say about Soames’s quite peculiar description of analytic philosophy of law in the United States. Brian Leiter has some very astute and acute comments…
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Another important paper. Brian Leiter has posted Introduction: From Legal Realism to Naturalized Jurisprudence on SSRN. Here is the abstract: This is a draft of the introductory essay to my forthcoming collection of papers Naturalizing Jurisprudence: Essays on American Legal Realism and Naturalism in Legal Philosophy (Oxford University Press, 2007). It gives an overview of…
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An important paper. John Oberdiek & Dennis Patterson have posted Moral Evaluation and Conceptual Analysis in Jurisprudential Methodology on SSRN. Here is the abstract: In the last several years, analytic general jurisprudence has become increasingly attentive to its own methodology. No longer content with its traditional first-order questions revolving around the varieties, commitments, and defensibility…